Can I use a trademark before it is registered?
The only legal requirement around its use is using it after your trademark application has been approved. Using it before the approval comes through is against the law. Not using the registered symbol on your mark comes with some risk as well.
Does a trademark have an expiration date?
In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.
How fast can I get a trademark?
In Short:As soon as you start using your mark in commerce, you establish what is known as “Common Law Trademark Rights.” But in total, it will take 13 – 18 months for an official trademark registration with the USPTO.
Can you trademark an expired trademark?
No. You build trademark rights in the U.S. by using your mark or marks in commerce. Use the mark with your goods or services, to identify you or your company as the source and to distinguish your goods or services from any competition’s, and you’ll build trademark rights.
What Cannot be registered as a trademark?
Section 13 and 14 of the Act provides that trademarks containing specific names cannot be registered. Trademarks which have a word that is commonly used of any single chemical element or chemical compound in relation to a chemical substance or preparation cannot be registered.
Can I sell a product without a trademark?
You can sell products or offer services in the United States without having a registered trademark. … There are several reasons why registering your trademark is a good idea.
What happens if I don’t renew my trademark?
Registering your trademark ensures you maintain exclusive rights to the mark. If you don’t renew on time, you lose your rights. Your competitor would be within their full legal right to come in and claim ownership.
What are the 3 types of trademarks?
There are four categories of trademarks: (1) fanciful or arbitrary, (2) suggestive, (3) descriptive, and (4) generic.
Why do trademarks last forever?
Unlike patents and copyrights, trademarks do not expire after a set period of time. Trademarks will persist so long as the owner continues to use the trademark. Once the United States Patent and Trademark Office (USPTO), grants a registered trademark, the owner must continue to use the trademark in ordinary commerce.
What is the cheapest way to trademark?
The cheapest way to trademark a name is by filing with your state. The cost varies depending on where you live and what type of business you own. If you are a corporation or LLC, you can expect to pay less than $150 in most cases, while sole proprietors and contractors can pay anywhere between $50 to $150.
Is it hard to get trademark?
Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer’s help. The simplest way to register is on the U.S. Patent and Trademark Office’s Web site, www.uspto.gov.
What is the fastest way to get a trademark?
Here’s a step-by-step guide for how to get a trademark registered as quickly as possible.
- Step 1: Choose a Strong Mark. …
- Step 2: Choose a Mark That Isn’t Confusingly Similar to Another Mark. …
- Step 3: Begin Using Your Mark in Commerce As Soon as Possible. …
- Step 4: Submit a Complete and Accurate Trademark Application.